Tuesday, July 12, 2011

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  • roseball
    02-11 05:21 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.

    This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.

    Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.

    Now coming back to the OPs case, I observe the following from the information posted so far:

    - Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
    - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
    - Sponsoring employer revoked approved I-140
    - USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
    - USCIS denied the pending I-485 based on incorrect I-140 approval

    If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.





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  • whiteStallion
    06-06 02:55 AM
    Hi

    I want to bring my wife on H4.

    Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.

    Will this be enough for her H4 stamping in INDIA.

    Thanks


    You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.





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  • add78
    09-08 11:50 AM
    Nothing is so simple.

    Most clients have policies that require them to deal with only a preferred set of vendors. In some cases vendors are managed through a vendor management firm that classifies vendors into 3 categories. The highest level preferred vendors get the most billing rate per resource they provide. In addition, a vendor needs to satisfy a bunch of requirements like % of resources successfully placed vs the number sent for interview with the client, ability to have a certain $ amount of liability and workers comp insurance etc. Due to these factors, a client will not directly enter into a contract with an individual and that individual has to go through a preferred vendor. Now the individual (akak resource) could be tied to a lower level vendor who in turn sends him/her to the preferred vendor who then sends him/her to the client. One of the best ways to increase your hourly rate is to eliminate as many middle tiers as possible. Ideal situation is to work for the preferred vendor that places you onto the client. In most cases of preferred vendors this could only happen if you have a EAD/GC if they do not do H1s. A second best situation is to work for a Desi consultancy that works only with preferred vendors (aka only 1 level between Desi co. and Client). In these cases it might be possible to make almost as much hourly $ rate as you would make working for preferred vendor if say preferred vendor works 80-20 on Corp to Corp but works 70-30 on W2. e.g. Client pays vendor $100/hr, You work directly for Vendor on W-2 and Vendor pays you $70 (70-30 split on W-2). Now if you work for a decent Desi co. that works C2C with this Vendor and if the Vendor pays Desi co $80 (80-20 split on C2C) and Desi co takes out fixed $ (say $8-10) then you still get $70 in hand just like direct W-2 with Vendor. This is if you work on pure $ or % basis with a Big American Preferred Vendor like say Teksystems or TAC worldwide or Ciber or Keane or KForce or Sapphire vs salaried consulting with say Deloitte or Accenture or IBM consulting where the way it works is these big fish do not just provide resources (you) per position like a American Preferred Vendor does but usually take on a big project and then staff resources for completing those projects where they pay you peanuts (like $70-90k) but bill the client like an American Preferred Vendor.

    In short, if you are someone who wants job security and doesn't want to look for new contracts on your own and like to travel, stick with Big American Salaried Consulting companies, but if you want to make more money and don't mind a little insecurity/tension/can interview often/ready to move then if on H1, stay with good Desi that works only with Preferred Vendors or if GC/EAD, work on W-2 (as pure $ or % split) with a Big American Vendor.





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  • happyfeet
    03-25 10:54 AM
    Dear friends

    For every one of us getting GC is a nightmare. Though USCIS follows a system, I feel it is not correctly followed. Also I noticed that people who have filed before the PERM process are really suffering. There are people who are in EB3, waiting for more than 9-10 years, keeping hope and anxiously waiting.

    I feel that we should write to USCIS to clear all the pending GC�s (EB2, EB3) filed before PERM (March 31, 2005) need to be processed before they take up any cases filed in PERM.

    This will certainly make the process rational.



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  • lost_in_migration
    05-28 10:22 AM
    Good find !! After reading this article, I guess, USCIS would well support our demand for filing I-485 when PDs not current as it will give them more $$$ from EAD and AP extensions.

    GOOD ARTICLE FROM WP.COM EYE OPENING..

    What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:

    http://www.msnbc.msn.com/id/18899687/


    We have to let congress know about this scam.





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  • chanduv23
    10-03 10:15 AM
    ^^^^^^^^^^^^^^^^^^^^^^^^^^



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  • krishnam70
    08-15 11:52 AM
    [QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    You can leave even before your GC comes through by invoking AC21.

    Frankly, I think the 6 month period is propaganda.

    its my opinion and not legal opinion.

    If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.

    cheers





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  • rsharma
    07-03 01:45 PM
    Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.

    Gurus, please comment as I am sure there are a few of us in this category.

    I am not a lawyer and not a guru. However I am stating my understanding from this new memo.

    Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
    1. End of the date mentioned in the I94 when peroled in to US.
    OR
    2. Decision is made on his/her I485 petition.

    From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.



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  • singhsa3
    08-13 07:49 PM
    Guys,
    Let us focus. We need to finalize it ASAP. Time is of essence here.





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  • eb3retro
    04-08 02:59 PM
    Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.

    I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could people like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don�t know whether I am hard enough to fight the system at this current stage of my life.

    There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.

    For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that�s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.

    So the answer for your question like in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.

    I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know

    - ;)

    cant agree with u more on this..



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  • smisachu
    10-05 04:22 PM
    They are also called, as we were informed in the DC rally as the "NNP"...
    No nothing party...lol



    Good Joke :)

    GOP = Grand Old Party (Republican party)

    Although historically Democratic party is much older to RP





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  • yabadaba
    11-08 11:56 AM
    The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
    Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?

    If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.

    By the way Happy Diwali to you and your family.
    As usual you twisted my point to make it out that I dont have any "cultural values," as you define it.

    I think chandu and paskal in their subsequent msgs got my point exactly that we should promote happy <festival> of all regions/traditions rather than focusing on the majority one.

    That would promote IV's agenda rather than distract from it.

    Its people like you with your misguided "cultural values" that are the cause of problems around the world. You are like the Indian version of ALIPAC.



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  • dhirajs98
    06-28 12:28 PM
    This is what the last part of the text says:
    This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.

    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.





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  • gmahajan
    04-18 03:59 PM
    What are the implications for software industries - if dollar goes down againest rupee?

    a. Lesser profit margins for Indian companies which might result in cost cuts and layoffs;
    b. Lesser salary for Indian software employees in India;
    c. BSE will crash down to adjust to the currency changes;
    d. Indian real estate market will go down as the NRIs will not be able to afford land prices;
    e. Indian farmers will be effected because imported agricultural products and food grains will be cheaper;
    f. American companies will not be able to afford outsourcing in India and will be forced to bring more H1b employees from India to develop inhouse;



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  • Leo07
    05-21 01:32 PM
    The part I disagree is this:"What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.

    People whose green cards are stuck should come rather than outsourcing to students?"

    IMO, we all are in the same path, some ahead of others, but basically belong to the same larger SET. Some of us have faced the problems that students are facing now, and in all likelihood these students will face the same problems that we are facing now. More personally though, I always think, if only I knew more about the GC process back when I was in school( 12 years ago), I'd have been much better now.

    If we start digging a well every time we are thirsty it takes forever to get anything done. To give a 4 letter word why students must participate-(not what you think, dirty minds:)) STEM


    What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.

    People whose green cards are stuck should come rather than outsourcing to students?

    If we cannot help ourselves and stand up for ourselves, nobody else would.

    I am trying to take at least a day off from work. I would lose money from my wages if I take day off but I am ready to lose money for the sake of doing something good for myself and family. Others who are sitting on their armchairs should also consider coming to DC if they want their greencards.





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  • nixstor
    04-17 03:42 PM
    C mon guys.. Cant you see that this h1techslave dude is just chewing your energy out and digressing the whole agenda here? Looks like one of those guys who is disgruntled in the past and now acting smart. Why are you responding?

    In 2 separate responses I have volunteered to talk with him and requested to send his info. No repsonse yet but he has all the time in the world to post on the forums, compare India/US/Canada.. **CK Some other members rallied behind him saying that they can just read fine with out bold/red.

    Mods,

    We have discussed enough about IN/US RS/USD what ever under the roof.
    Enough. Please close this thread.



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  • i_want_gc
    12-13 10:21 PM
    Sorry - Not everybody is(or wants to be like) Narayan Moorthy.
    I bet Narayan Moorthy doesnt have time(if not willingness) to clean his toilet NOW. Maybe we wud have when he was younger(before Infosys) which is a different stroy altogether.

    I always cleaned my room, in India and here. What's wrong with that? Infosys founder Narayan Murthy cleans his own toilet (as per his own admission to a newspaper). Does it make him an 'inferior' person to you? Don't you vacuum your room every weekend? Does that make you any lesser person? Ever heard of dignity of labor?

    You wrote - "Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc". So what are you doing ? Not waiting for GC? Then why are you hanging around? There are good opportunities back home . Those sitting in deep-sh*t shouldn't be throwing muck at others stuck in the same sh*t.





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  • hopein07
    02-19 04:06 PM
    http://www.ext.vt.edu/pubs/homebus/354-145/354-145.html





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  • mihird
    07-21 12:52 PM
    I first immigrated to Canada, got my citizenship and then came here to the US and am languishing in this stupid GC queue for the past 7 years..

    Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...

    Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!

    Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?





    unitednations
    08-16 12:04 AM
    Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.

    My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.

    Thank you for all the pieces of advice you're giving.


    I do know recently where a person who got married before his greencard approval and filed his wife's case. He got approved but then three months after his approval; his wife has been sent to local office interview. I'll let you know what the outcome of that will be.

    Another person was on F-1 and went straight to greencard through Schedule A. he got married after he filed for 485. Since he didn't have any non immigrant status; he could not bring his wife here. She had to do follow to join and chennai consulate asked all sorts of questions. Tax returns, w2's, letter from employer; when he joined and when he left.

    Think of it this way; were you travelling before greencard with same employer? If you were then what would have changed that all of a sudden you don't like it. It would be a more plausible excuse if you didn't travel at all before and they started to make you do it after greencard approval.





    kumhyd2
    07-18 07:41 PM
    The growing no of posts on this thread seems to indicate this as a bigger problem than was thought of. I guess many people just get in here before the marriage with the plans of settling in career and then get married

    But they finally end up to take a decision on choosing one

    Green Card ?

    or

    Spouse ?



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